High Court Hears Challenge To Same-Sex Marriage Postal Survey

The High Court will today begin hearing a legal challenge to the validity of the federal government’s postal survey on same-sex marriage.

There are two groups of challengers – the first is led by Tasmanian Independent MP Andrew Wilkie, PFLAG’s Shelley Argent and Rainbow Families Victoria’s Felicity Marlowe. The second group is the Human Rights Law Centre, Australian Marriage Equality campaigners and Greens senator Janet Rice.

Among the arguments the court will hear is that the postal survey’s $122 million price tag is not “urgent and unforeseen” expenditure, and the Australian Bureau of Statistics doesn’t have the legal authority to conduct such an opinion poll.

Mr Wilkie said the government is “exceeding its power” by spending the money without parliamentary approval.

“We’re also arguing that the Government does not have the power to direct the Australian Bureau of Statistics to conduct the postal vote because the activity is outside its legal mandate,” he said.

“If there is a postal vote, I’ll be voting ‘yes’ and I’ll be urging others to vote ‘yes’ but today and tomorrow in the High Court is very much about the rule of law and proper process.”